. /.   WORLD TRADE  
ORGANIZATION  WT/DS217/55 
28 April 2009 
 
 (09-2023) 
 Original:   English 
  
 
UNITED STATES – CONTINUED DUMPING AND 
SUBSIDY OFFSET ACT OF 2000 
 
Communication from the European Communities
 
 
 
 The following communication, dated 23 April 2009, from the delegation of the European Communities to the Chairman of the Dispute Settlemen t Body, is circulated at the request of that 
delegation. 
_______________ 
 
  On 26 November 2004, the Dispute Settlement Body ("DSB") granted authorization to the European Communities to suspend concessions and related obligations under the General Agreement 
on Tariff and Trade 1994 ("GATT 1994") in accordance with the decision of the Arbitrator in United 
States - Continued Dumping and Subsidies Offset Act of 2000 .  The authorization was made pursuant 
to the European Communities' request (WT/DS217/ 39) made under Article 22.7 of the Understanding 
on Rules and Procedures Governing the Settlement of Disputes ("DSU").  In that request, the European Communities undertook to notify the DSB every year the list of products on which the 
additional import duty would apply, prior to the entry into force of a level of suspension of concessions. 
 
 On 29 April 2005, the European Communities no tified the DSB that it was suspending, as of 
1 May 2005, the application of concessions and re lated obligations under GA TT 1994 on imports of 
certain products originating in the United States  of America (WT/DS217/47) .  The list of products 
subject to this suspension of concessions w as modified on 1 May 2006 (WT/DS217/49), on 
1 May 2007 (WT/DS217/51), on 1 May 2008 (WT/DS 217/53) and will be modified again on 
1 May 2009.  The relevant Commission Regulation No 317/2009
1 will remove products classified 
under 14 codes of the EC's tariff and statistical nome nclature from the list of products subject to an 
ad valorem  additional duty of 15% when originating in the United States of America.  The updated 
list is attached.  The suspension, which will appl y as from 1 May 2009, covers, over one year, a total 
value of trade that does not exceed US$16,31 million. 
 
 US$16,31 million is the European Communities'  current level of authorization established 
through arbitration under Article 22. 6 of the DSU.  It represents 72 percent  of US$ 22,653 million 
collected from the European Communities' exports a nd disbursed to US companies in the distribution 
under the Continued Dumping and Subsidy Offset Act of 2000  for the most recent year for which data 
are available.  The amount of relevant disburse ments was identified using the CDSOA Annual Report 
for Fiscal Year 2008 , published by US Customs and Border Protection on 15 January 2009. 
  The European Communities kindly requests the Secr etariat to circulate this notification to the 
Members of the DSB. 
                                                     
 
1 Official Journal of the European Union  L 100 of 18 April 2009 at http://eur-
lex.europa.eu/JOHtml.do?uri=OJ:L:2009:100:SOM:EN:HTML  WT/DS217/55 
Page 2  
 
  Products that will be subject to a 15% additional import duty 
as from 1 May 2009 
 
  The products on which the 15% additional im port duty will apply are those classified under 
the listed eight-digit CN codes, as provided in annex I to Council Regulation (EEC) No. 2658/87 on 
the tariff and statistical nomenclature and on the Common Customs Tariff as amended by Commission Regulation (EC) No 493/2005 (OJ L 82, 31.3.2005, p. 1). The product descriptions 
hereunder are given for information purpose only.  
4820 10 50 Diaries with calendars , of paper or paperboard 
6204 63 11 Women's or girls' trousers and br eeches, of synthetic fibres, industrial and 
occupational (excl. knitted or cr ocheted and bib and brace overalls) 
6204 69 18 Women's or girls' trousers and breeches, of artificial fibres (not of cut 
corduroy, of denim or knitted or crocheted and excl. industrial and 
occupational clothing, bib and brace ove ralls, briefs and track suit bottoms) 
6204 63 90 Women's or girls' shorts of synthetic  fibres (excl. knitted or crocheted, panties 
and swimwear) 
6104 63 00 Women's or girls' trousers, bib a nd brace overalls, breeches and shorts (other 
than swimwear), knitted or crocheted, of synthetic fibres 
6203 43 11 Men's or boys' trousers and breeches of synthetic fibres, industrial and 
occupational (excl. knitted or cr ocheted and bib and brace overalls) 
6103 43 00 Men's or boys' trousers, bib and brace overalls, breeches and shorts (other 
than swimwear), knitted or crocheted, of synthetic fibres 
6204 63 18 Women's or girls' trousers and breeches, of synthetic fibres (not of cut 
corduroy, of denim or knitted or crocheted and excl. industrial and 
occupational clothing, bib and brace ove ralls, briefs and track suit bottoms) 
6203 43 19 Men's or boys' trousers and breeches  of synthetic fibres (excl. knitted or 
crocheted, industrial and occupational, bib and br ace overalls and underpants) 
6204 69 90 Women's or girls' trousers, bib and brace overalls, breeches and shorts of 
textile materials (excl. of wool, fine animal hair, cotton or artificial fibres, 
knitted or crocheted, panties and swimwear) 
6203 43 90 Men's or boys' shorts of synthe tic fibres (excl. knitted or crocheted, 
underpants and swimwear) 
0710 40 00 Sweet corn, uncooked or cooked by steaming or by boiling in water, frozen 
9003 19 30 Frames and mountings for spectacles, goggles or the like, of base metal Subject to the 15% additional import duty since 1 May 2005  
8705 10 00 Crane lorries (excl. breakdown lorries) 
 
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